HomeMy WebLinkAboutProject PacketMarch 25, 1998
Mayor Gabriel Jabbour
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Re: Council Approval of Variance Application # 2335
Lawrence Molsather and Linda Sallee
3285 Carman Road
Rebuilding and Extension of Deck
Dear Mayor:
Linda and I want to thank you and the Council members for approving our request to rebuild and
extend our deck. Your approval was very important in helping us utilize and enjoy our home. As
we indicated, and as was confirmed by the Council, we felt our request was of a scale that was
reasonable, and it was reaffirming to work through the process with a positive outcome . We also
appreciate the way your experienced style helped us through an otherwise tense (for us) meeting.
We also want to express our appreciation to the members of the Planning Commission for working
with us and guiding us to an acceptable end result. We didn't get all of what we had originally
hoped for, but we ended up with a deck that meets our basic needs, and we understand the need
for such compromise.
Sitting through major portions of the two previous Planning Commission meetings was also quite
interesting. We were not aware of the scale and intensity of ongoing pressure for development and
change within the City. It was clear that everybody wants something, and the City needs people
like the Commission members who are willing to invest their time and place themselves in
controversial situations to preserve the quality and character of the City. We have a much greater
appreciation for them as individuals and for the job they do . We were also quite impressed with
the work of the City Planning staff. They showed significant skill in identifying and clarifying
issues associated with the various agenda items.
Again, our thanks to you and the Council, as well as the Planning Commission and Planning
Department staff.
:;=;m~
Lawrence R. Molsather
3285 Carman Road
Excelsior, MN 55331
cc : Orono Planning Commission
486HY C:\ WPLRM\O RONO02 . WPD/LRM
CITY OF ORONO
P.O. Box 66
APPLICATION NO. #2335
NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
473-7357
Date of Notice: March 24, 1998
-------------------------------------------------
TO: Lawrence Molsather and Linda Sallee
3285 Carman Road
Excelsior, MN 55331
----------------------------------------------------------------------
TYPE OF APPLICATION: Variance
---------------------------------------------------------------------------------------------------
DATE OF MEETING: March 23, 1998 VOTE: 4 FOR O AGAINST
-----------------------------------------
COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday,
8:00 to 4:30). All persons with an interest in the property must sign the resolutions.
You must apply for and obtain a building permit prior to commencement of construction. (The
building permit application is a separate application from the zoning variance or conditional use
application.)
Variance Approval is limited to the extent as noted in the approval resolution. Changes in
approved plans are subject to further review by the City. Variance approval expires one year after
date of approval. Permit application must be submitted no later than March 23, 1999.
If you desire certified copies of the official Council minutes, they are available from the City
Clerk after review and approval by the City Council.
l\'IlNUTES OF THE REGULAR ORONO CITY COUNCIL
:MEETING HELD ON MARCH 23, 1998
(#8 -#2292 Tom Okerstrom -Continued)
Jabbour moved, Flint seconded, to approve Resolution No. 4050 per the Planning
Commission recommendation. Vote : Ayes 3, Nays 1, Peterson. Goetten asked that the
resolution reflect that no further hardcover would be allowed on the property in the
future .
(#9) #2317 KHASROW DAIV ARI, 1082 LOMA LINDA A VENUE -AFTER-THE-
FACT VARIANCES
The Applicant was not present. Bressler indicated Daivari did sign the extension for the
application. Goetten asked how many times the Council is to table an application due to
the absence of the applicant, noting this has occurred in this instance already. Staff was
asked to inform the applicant that action must be taken on the application due to the time
allowed, and action will take place at the next meeting . The Council voiced frustration
with the applicant's absence.
Goetten moved, Peterson seconded, to table Application #2317. Vote: Ayes 4, Nays 0.
(#11) #2335 LA\VRENCE l\'IOLSATHERAND LINDA SALLEE, 3285 CARMAN
ROAD -VARIANCES -RESOLUTION NO. 4052
The applicants were present.
Bressler distributed pictures of the property. The proposal is to rebuild and expand the
existing deck on the lakeside requiring variances for structural coverage, hardcover in the
0-75' lakeshore setback, lakeshore setback, and average lakeshore setback. The Planning
Commission recommended approval with the condition that all plastic under landscaping
be removed and the flagstone walkway eliminated prior to issuance of a building permit
and no future variances would be granted for the property.
Bressler reviewed the survey and findings as indicated in the resolution draft. He
indicated the deck location, the roof line, and elevations.
Molsather indicated that the house was built in the early 1960's. The variances are
required due to the home being built prior to current zoning regulations. Molsather said
they made all attempts to meet the recommendation.
Jabbour pointed out that the hardcover calculations did not include the legally non-
conforming hardcover and no credit was allowed for that hardcover. Sallee said they
understood this would not be included in the calculations.
7
l\HNUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON :MARCH 23, 1998
(#11 -#2335 Lawrence Molsather and Linda Sallee -Continued)
Goetten agreed that a 2-1/2' wide deck was unusable. She asked for verification of the
proposed width. Bressler said the farthest point of the deck from the house is at 10',
extending approximately 6' from the overhang. The remaining portion of the deck
extends negligibly beyond the overhang.
Peterson supported the proposal.
Jabbour noted the request would be an improvement to the property, though the
calculations do not reflect exactly what has occurred.
The applicant accepted the resolution as drafted.
Goetten moved, Peterson seconded, to approve Resolution No. 4052. Vote: Ayes 4,
Nays 0.
(#7) SHORELINE/HERITAGE SANITARY SEWER IMPROVE:MENT
PROJECT -PUBLIC HEARING -8:05 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
Moorse reported that the public hearing relates to the proposed sanitary sewer project.
The City Engineer will present the project and allow for residents to give their input.
City Engineer Cook reported that the existing sanitary sewer system constructed over
Crystal Bay would tie into this system east of Spates Avenue and extend the line through
easements along North Shore Drive and Heritage Lane and Heritage Drive. On the north
end of the project the sewer line will be extended by use of a small force main and
individual grinder pumps. Cook noted that the property owners of Lots 21 and 22 are
not interested in hooking up to sewer at this time as well as several others, who were
pointed out on the map. The project cost for the 22 units is $42,200 or $19,100 per unit.
Jabbour informed the audience that the City desires to be pro-active regarding sewering
identified "hot spots", or those in the most need of sewering. In areas that are not a top
priority, the property owners have to petition for sewer and bear the total cost. Jabbour
said the areas where the properties were left with no alternatives were sewered first.
Jabbour referenced the earlier bond refinancing. He indicated that the City attempts to
take advantage of the bond rate by financing such projects as this one along with others
to reduce costs for the property owners.
8
REQUEST FOR COUNCIL ACTION
DATE: March 23, 1998
ITEM NO.:
Department Approval: Administrator Reviewed:
Name Brad Bressler
Title Planning Assistant
Item Description: #2335 Lawrence Molsather and Linda Sallee
3285 Carman Road
Variances-Public Hearing
Agenda Section:
Zoning
Zoning District:
Lot Area:
LR-lB
19290 s.f.
One Family Lakeshore Residential District (1 acre)
(.44 acre)
Application:
The applicants are proposing the rebuilding and expansion of an existing deck on the lake side of
the residence. Variances are required for structural coverage, hardcover in the O' to 75' lakeshore
setback, lakeshore setback and average lakeshore setback.
PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended by a 4 to O vote to:
• Approve a structural coverage variance of 2.3 % to allow 17 .3 % coverage where 15 % is
allowed and 16.3 % is existing.
• Approve a hardcover variance of 15.5% in the O' to 75' lakeshore setback where none is
allowed and 14 % is existing exclusive of plastic under rock.
• Approve a lakeshore setback variance of 22' to allow the deck to be located 53' from the
OHWL where 75' is required and 58' is existing.
• Approve an average lakeshore setback variance allowing 32.5' of encroachment where
none is allowed and 27.6' is existing.
• All plastic under rock and the flagstone walkway shall be removed prior to issuance of a
building permit.
• No future variances shall be granted to this property.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 14(C),
SECTION 10.22, SUBDIVISION l(A) AND 2 AND
SECTION 10.56, SUBDIVISION 16(C6)
FILE NO. #2335
WHEREAS, Lawrence Molsather and Linda Sallee (hereinafter "the applicants")
are the owners of the property located at 3285 Carman Road within the City of Orono
(hereinafter "the City") and legally described as follows:
Lot 7, Block 1, Carmen Cove (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision 14(C), Section 10.22, Subdivision l(A) and 2 and
Section 10.56, Subdivision 16(C6) to permit the rebuilding and expansion of a deck on the lake
side of the residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2335.
2. The property is located in the LR-lB Single Family Lakeshore Residential
Zoning District requiring one acre in area. The property consists of 19,290 s.f.
or .44 acre.
3. The Orono Planning Commission reviewed this application on March 16, 1998
and recommended approval of the proposed variances based upon the following
findings:
1. The zoning lot does not meet lot area or width requirements.
Page 1 of 5
2. The current deck 1s 2.5' wide. A deck of this configuration 1s not
functional.
3. The deck expansion would result in negligible increases in structural
coverage, hardcover in the O' to 75' lakeshore setback, encroachment on
the lakeshore setback and average lakeshore setback.
4. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the · Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.03, Subdivision 14(C), Section 10.22,
Subdivision 1 (A) and 2 and Section 10.56, Subdivision 16(C6) for a structural coverage
variance of 2.3% to allow 17.3% coverage where 15% is allowed and 16.3% is existing, to
allow a hardcover variance of 15.5% in the O' to 75' lakeshore setback where none is allowed
and 14% is existing exclusive of plastic under rock, a lakeshore setback variance of 22' to
allow the deck to be located 53' from the OHWL where 75' is required and 58' is existing and
an average lakeshore setback variance allowing 32.5' encroachment where none is allowed and
27.6' is existing to allow the rebuilding and expansion of a deck on the lake side of the
existing residence.
Page 2 of 5
Approval was subject to the following conditions.
1. All plastic under rock and the flagstone walkway shall be removed prior to
issuance of a building permit as noted on Exhibit A.
2. No future variances shall be granted to this property.
3. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (March 23, 1999).
4. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
5. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of March, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owners
Page 3 of 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
March 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 199_ before me a Notary Public within
and for said county, personally appeared --------------------
known to me to be the person( s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of _________ , 199_ before me a Notary Public within
and for said county, personally appeared ___________________ _
known to me to be the person( s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 4 of 5
. --·-c:A,· -:..~ ---~... . --~ I
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Brad Bressler, Planning Assistant
DATE: March 9, 1998
SUBJECT: #2335 Lawrence Molsather and Linda Sallee
3285 Carman Road
Variances--Public Hearing
Zoning District:
Lot Area:
Application:
LR-lB
19,290
One Family Lakeshore Residential District (1 Acre)
square feet ( .44 acre)
The applicants propose rebuilding and expanding an existing upper level
deck on the lake side of their residence. Variances are required for structural
coverage, hardcover in the O' to 75' lakeshore setback, lakeshore setback and
average lakeshore setback. The application was tabled at the February 17,
1998 Planning Commission meeting as the applicant was directed to reduce
the proposed deck size in the O' to 75' lakeshore setback.
Pertinent Ordinances:
• Section 10.03, Subd. 14(C): Lot Coverage
• Section 10.22, Subd. l(A): Lakeshore Setback Regulations
• Section 10.22, Subd. 2: Lakeshore Hardcover Regulations
• Section 10.56, Subd. 16(C6): Average Lakeshore Setback Regulations
#2335 Lawrence Molsather/Linda Sallee
3285 Carman Road
Variances
March 16, 1998
Page I
ANALYSIS
Lot Area and Yards
Lot Area Lot Width Lakeside Yard Side Yard Street Yard
LR-lB 1 acre 140' 75' 10' 35'
subject .44 acre 142' at OHWL 58'-existing 16.13' 42'
property 118' at 75' Setback 53'-proposed
The subject property does not meet lot area or width requirements. The lakeshore setback does not
meet the minimum requirement. The proposal would encroach an additional 5' into the required
setback. Lot area and width variances are not necessary for this application. A lakeshore setback
variance is necessary.
Structural Coverage
Total Lot Size Total Structural Coverage Percentage
19,290 s.f. Existing: 2,758 s.f. (w/o overhangs) 14.3%
3,137.31 s.f. (with overhangs) 16.3%
Proposed: 2,950.3 s.f. (w/o overhangs) 15.3%
3,329.61 (with overhangs) 17.3%
Currently, the lot does not meet the structural coverage requirement if all portions of the residence
having an overhang extending beyond 1.5' from the structure are counted toward structural coverage.
City policy states that if overhangs extend beyond 1.5' from the structure, they count as structure.
If overhangs are not counted toward structural coverage, the lot currently meets the 15% structural
coverage requirement. As proposed, whether overhangs are counted toward structural coverage or
not, a structural coverage variance is required. Most overhangs on the residence appear to be
approximately 2', while the rear overhang is 3.4'. The amount of proposed structural coverage has
been reduced from the previous proposal.
#2335 Lawrence Molsather/Linda Sallee
3285 Carman Road
Variances
March 16, 1998
Page 2
Hardcover
Distance Total Area in Existing Allowed Proposed Variance
from Setback Hardcover Hardcover Hardcover Requested
Shoreline
0'-75' 11,185 s.f. 2,116 s.f. none 1,711.3 s.f. 1,711.3 s.f.
(18.9%) (15.3%) (15.3%)
*2,140 s.f. *1,745.3 s.f. *1,745.3 s.f.
(19%) (15.5%) (15.5%)
75'-250' 8,105 s.f. 2,701 s.f. 2,026.25 s.f. 2,701 s.f. none
(33.3%) (25%) (33.3%)
*Hardcover calculations show the approximate increase in hardcover if portions of the residence
with an overhang exceeding 3' are calculated as hardcover. City policy states that overhangs
extending beyond 3' from structures count as hardcover. While not reflected on the survey, the
elevation drawings show that the entire existing deck is located under the overhang on the lake side
of the residence. As existing, the lot exceeds allowable hardcover amounts in the 0' to 75' and 75'
to 250' lakeshore setbacks.
As proposed, hardcover would be decreased by 4.5% in the 0' to 75' lakeshore setback.
Approximately 572 s.f. of rock under plastic and 25 s.f. of paver stones exist in the 0' to 75'
lakeshore setback that were not reflected in the previous survey or hardcover calculations. This
additional hardcover considerably increases the amount of existing hardcover on the lot, however.
If rock with plastic is not considered, there is a 1.5% increase in hardcover in the 0' to 7 5' lakeshore
setback. A hardcover variance in the 75' to 250' lakeshore setback is not necessary as no
construction is proposed in this zone.
STATEMENT OF HARDSHIP
The applicants' statement of hardship is included as Attachment J. They should also be asked for
their testimony regarding this issue.
#2335 Lawrence Molsather/Linda Sallee
3285 Carman Road
Variances
March 16, 1998
Page 3
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The existing residence and deck were built prior to current zoning regulations. Any
proposed improvements may require variances for structural coverage and hardcover.
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The lot was platted prior to current zoning requirements. The house and deck were also
constructed before the current zoning requirements. This results in a lot that exceeds the
allowable hardcover limits.
3. The variance, if granted, may alter the essential character of the locality.
The variances for structural coverage, hardcover in the O' to 75' lakeshore setback,
lakeshore setback and average lakeshore setback may change the character of the area.
4. The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that is not permitted under this Chapter for the property in the zone where
the affected person's land is located.
A deck is allowed in this zoning district.
5. The special conditions applying to the structure of land in question are peculiar
to such property or immediately adjoining property.
While the existing residence is closer to the lake than several residences in the
neighborhood, many other lots in the neighborhood also have hardcover excesses.
6. The conditions do not apply generally to other land or structures in the district
in which said land is located.
Many lots in the area are already fully developed.
#2335 Lawrence Molsather/Linda Sallee
3285 Carman Road
Variances
March I 6, I 998
Page4
7. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The consensus of the Planning Commission is that the applicant is entitled to build a
functional deck.
8. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
The existing use of the deck is limited in its current state.
1. The zoning lot does not meet area or width requirements.
2. The current deck is 2.5' wide and underneath the 3.4' overhang on the lake side of the
residence. The deck could be expanded to 3 .4' wide and which would not increase either
structural coverage or hardcover nor would it further encroach on the lakeshore setback or
the average lakeshore setback. The Planning Commission has determined a deck of such size
is not functional.
3. Further encroaching on the average lakeshore setback may negatively affect views for
the adjacent properties.
4. A variance application was submitted in 1990 for the addition to the south side of the
residence. The application was tabled for lack of an accurate survey. The application
was not brought before the Planning Commission again and the addition was not built.
5. The applicants hardcover calculations for the revised deck reflect the percentage increase
in hardcover in the O' to 75' lakeshore setback. The applicants calculations reflect a
less than 1 % increase, which is for the entire property. The increase in the O' to 75' lakeshore
setback is approximately 1.5% exclusive of the plastic under rock. Based on consensus
reached at the February 17 meeting, the Planning Commission appeared to favor a deck
increasing hardcover less than 3%, preferably no more than 1 %.
6. Much of the rock over plastic near the house to be removed is located under the proposed
deck. The hardcover calculations in this report indicate that removal of hardcover under the
deck and overhangs will not significantly offset the amount of hardcover added by the deck.
#2335 Lawrence Molsather/Linda Sallee
3285 Carman Road
Variances
March I 6, I 998
Page 5
STAFF RECOMMENDATION
Staff recommends approval of variances to allow the reconstruction and expansion of an existing
deck that would consist of 192.3 s.f. extending beyond the edge of the overhang on the lake side of
the residence subject to several conditions.
• Staff recommends approval of a structural coverage variance of 2.3% to allow 17.3%
coverage if overhangs exceeding 1.5' are calculated as structural coverage.
• Staff recommends approval of a hardcover variance of 15.5% in the O' to 75' lakeshore
setback to allow a 1.5% increase in hardcover exclusive of rock under plastic where 14%
hardcover is existing and none is allowed.
• Staffrecommends approval of a lakeshore setback variance of22' to allow a 53' setback from
the OHWL where 75' is required and 58' is existing.
• Staff recommends approval of an average lakeshore setback to allow 32.5 ' of encroachment
where none is allowed and 27.6' is existing.
• Staff recommends that as a condition of approval all plastic under rock and the flagstone
walkway be removed. The applicants have agreed to this condition.
• Staff recommends as a condition of approval that no future variances be granted to this
property.
Attachments
A Application
B Plat Map
C Property Owners List
D Location Map
E Topographic Map
F Permit Record
G Revised Survey
H Hardcover Calculations and Revisions
I Revised Elevation Drawings
J Statement of Hardship
#2335 Lawrence Molsather/Linda Sallee
3285 Carman Road
Variances
March 16, 1998
Page 6
,.
Application _# ;J) 3 3t{
Date Received f-.;).o --~'6
Amount Paid c970.0 ~
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $220.00 #
($50.00 per each additional ·variance)··· _ /:;.-···L
Renewal Variance Fee $120.00 ;/-
. (no change from original application)
Variance for nmi:-conforming structures $220.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
SiteAddress 3285 Carman Road, Excelsior·, MN 55331
Property Identification Number (P .I.D.)_-......,2"-"o'----=-1-=-17'-:..-=2=3___,1=4_· _o=o.._.1 .... 3 ________ _
Attach legal description to application if not included on required survey.
Date Property Acquired March 31, 1994 · · (month/year)
I (do) (do not) also own the adjacent parcels of land.
Present use of property: __x_residential _-_other (specify)_-_________ _
ZoningDistrict: LR -lB ·
APPLICANT Phone (home) ( 612) 4 71.: 103 9
Name Lawrence R. Molsather and Linda D. Sal 1eJ>hone(work) (612) 832-2780
Address: 3285 Carman Road City: Excelsior, MN 55331Zip:. ___ _
OWNER (if different than applicant)
Name Sa~e
Address: ·------------
Phone (home)._· ______ _
Phone (work), _______ _
City: ________ Zip=---~-
DESCRIPTION OF REQUEST Estimated Construction Cost$ ______ _
Describe request in detail: Replace and Extend Existing Deck on Lake Side of House
(attach additional sheets if necessary)
VARIANCES REQUIRED
. Lot Area Lot Width
Setback:. Front Side
_x_ Hardcover
Rear
Lot Coverage --. -
L Average Lakeshore
__ Other (specify) _____________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS ._
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: · see Attachment 1
(attach· additional sheets if necessary)
7
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PROPERTY OWNERS LIST
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20 117 23 14 0010
3245 CARMAN RD
CA STEIGER & W N KUENDIG
CA STEIGER & W N KUENDIG
3245 CARMAN RD
05/30 EXCELSIOR MN 55331
10/27
38 20 117 23 14 0013
3285 CARMAN RD
LR MOLSATHER & L D SALLEE
LR MOLSATHER & L D SALLEE
3285 CARMAN RD
EXCELSIOR MN 55331
38 20 117 23 14 0016
38 ADDRESS UNASSIGNED
VILLAGE OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
CONDMN #
CONDMN #
CONDMN #
38 20 117 23 14 0011
3265 CARMAN RD
B D & KA MILBRATH
BENJAMIN & KAREN MILBRATH
3265 CARMAN RD
EXCELSIOR MN 55331
38 20 117 23 14 0014
3295 CARMAN RD
T PLOWE & RA LOWE
THOMAS PLOWE
3295 CARMAN RD
EXCELSIOR MN 55331
38 20 117 23 14 0025
2655 KELLY AVE
J W EUGSTER & CM EUGSTER
JACK EUGSTER/CAROL M EUGSTER
2655 KELLY AVE
EXCELSIOR MN 55331
CONDMN #
CONDMN #
CONDMN #
38 20 117 23 14 0012
3275 CARMAN RD
MICHAEL HALLADAY ET AL
SORAMAE G HALLADAY
3275 CARMAN ROAD
EXCELSIOR MN 55331
38 20 117 23 14 0015
3300 CARMAN RD
JOANE NIELSEN
JOANE NIELSEN
3300 CARMAN RD
EXCELSIOR MN 55331
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF
DATE /-20-98 ___ :_-BY r~ 52.qp-,v.10>"--
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LEGAL DESCRIPTION:
Lot. 7, Blo~kl_,---CARMEN COVE
Hennepin_.Counr:y,. Minnesota
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Attachment 1
City of Orono Variance Application
Molsather/Sallee Deck Replacement/Extension
3285 Carman Road
Orono, Minnesota
Hardship/Description of Unusual Property Conditions:
Our existing deck has aged to the point where it needs to be replaced. Our records indicate that the
house was built in 1962 or 1963. The existing deck was poorly planned in that it cannot be used if any
of the crank out windows are open. The windows extend 2 feet out into the deck walkway which has
a clear width of just approximately 2-feet 6-inches. In addition, neither of the two doors to the deck
can be fully opened since they are 3 foot doors and again the deck with is just 2-feet 6-inches.
Encroachment of the windows or doors into the deck space creates a potentially unsafe condition in
case either door must be used to exit the house to the rear from the first floor.
In addition, maintenance of our roof gutters along the back (lake) side of our house requires that we
work from the roof or from a ladder at a height of approximately 17 feet above the ground. We have
a heavy tree canopy over our house, and we have to clean our gutters about every two weeks and/or
after most storms. The requested extension of our deck will enable us to keep our lakeside gutters
clear of leaves, seeds, and branches without the existing hazardous climbing or working from our roof.
In addition to the above, the existing deck is basically useless for enjoyment of our view of the lake.
It is so narrow that there is no room to place a chair to simply look out on the lake. This seems
unreasonable. An extension of our deck as requested will in no way interfere with the view of the lake
by any of our neighbors since we are located on a gradual point, and each adjoining neighbor's house
faces the lake at an angle away from our house. Also, the view of our house from the lake will be
virtually identical to the current view from the lake.
List of Legal Names (including marital status) of all persons with an interest in the
property:
Lawrence R. Molsather and Linda D. Sallee, Husband and Wife
3285 Carman Road
Excelsior, MN 55331
(612) 471-1039
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #2335
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: March 17, 1998
---------------------------------------------------------------------------------------------------
TO: Lawrence Molsather and Linda Sallee
3285 Carman Road
Excelsior, MN 55331
-----------------------------------------------------------------------------------------------
TYPE OF APPLICATION: Variance
DATE OF MEETING: March 16, 1998 VOTE: 4 FOR O AGAINST
Planning Commission recommends the following:
Approval subject to condition noted below
• All rock under plastic and the flagstone steps shall be removed prior to issuance of a building
permit for the proposed deck.
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting is confirmed as:
City Council March 23, 1998, meeting starts at 7 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
March 4, 1998
Mr. Brad Bressler, Planning Assistant
Planning Department
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Re: Zoning File # 2335 -Variance Application
Lawrence Molsather and Linda Sallee
3285 Carman Road
Excelsior, Mn 55331
Dear Brad:
As requested in the notice that you sent us, I am enclosing the following information:
1. Figure 1 -Revised Deck Plan.
2. Figure 2 -Drawing show areas where plastic is to be removed below rock and
where flagstone walkway will be removed.
3. Accompanying hard cover and plastic removal calculations.
Please call me if you have any questions.
Sincerely,
'-f.r;u,;..~/1/14< -R rflr;f~~xQ~· -
Lawrence R. Molsather
3285 Carman Road
Excelsior, MN 55331
Work 832-2780
Home 471-1039
486HY C:\ WPLRM\ORONO0l.WPD/LRM
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Lawrence Molsather and Linda Sallee
3285 Carman Road
Excelsior, MN 55331
TYPE OF APPLICATION: Variances
DATE OF MEETING: 2/17/98
ZONING FILE #2335
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: 2/18/98
VOTE: 5 FOR O AGAINST
Planning Commission recommends the following:
Tabled for reasons noted below:
The Planning Commission requests the footprint of the deck is reduced to less than is being proposed
and all plastic under rock must be removed as it is non-conforming.
NOTES AND SPECIAL CONDITIONS:
Additional information is requested, as follows:
1. A new deck plan must be submitted showing the footprint reduced so there is no
greater than a 1 % increase in hardcover, excluding plastic under rock.
2. A revised hardcover calculations must be submitted to reflect the new deck proposal
and amount of plastic under rock on your property as existing and proposed.
Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline
for the March 17 Planning Commission meeting is March 4, 1998.
Planning Commission: Monday, March 16, 1998 meeting starts at 6:30 p.m.
If the applicant has trouble obtaining additional information, please contact the Zoning Department
(473-7357).
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
:MINUTES OF THE ORONO PLANNING COMMISSION
l\1EETINGHELD ON FEBRUARY 17, 1998
(#10) #2334 LECY CONSTRUCTION FOR ,JEFF ,JACOBSEN, t 27 CHEVY
CHASE DRIVE -VARIANCE -9:55-9:59 P.M.
The Certificate of Mailing and Affidavit of Publication were noted . ·
The Applicants were present.
Bressler reported that the owner removed the existing house on a lot that does not meet
zoning requirements. Construction of a new house requires lot area variance . All other
setbacks will be met.
The applicant said he was frustrated by the problem that arose . A permit had been issued
for removal of the existing house.
Smith was informed that the property is consistent in size to other lots in the area.
There were no public comments.
Gaffron said the application would be heard at the February 23 Council meeting .
Smith moved, McMillan seconded, to approve Application #2334 for lot area variance.
Vote: Ayes 5, Nays 0 .
(#11) #2335 LA WREN CE MOLSATHER AND LINDA SALLEE, 3285 CARIVIEN
ROAD -VARIANCES -9:59-10:41 P.M.
The Certificate of Mailing and Affidavit of Publication were noted .
The Applicants were present.
Bressler distributed pictures of the property. The application is a request to rebuild and
expand the existing deck on the lakeside of the residence requiring variances for structural
coverage, 0-75' hardcover, lakeshore setback, and average lakeshore setback. The current
deck is 2'5" wide and located underneath the existing 3.4' overhang . Bressler indicated the
deck could be expanded to a 3 .4' width without increasing the structural coverage, ·
hardcover, or encroachment on setbacks. Bressler noted that the hardcover calculations
by surveyor did not include the overhang and calculations were adjusted by staff to reflect
the overhang in structural coverage and hardcover amounts .
Bressler said the proposed deck would be 6'7" beyond the roof line. The deck may impact
the views for the neighboring property. Staff recommended the deck be scaled back to the
width of the overhang. The deck as it exists is not functional . Bressler reviewed Staff's
recommendation as outlined in the information packet.
20
1vIINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
(#11 -#2335 Lawrence Molsather and Linda Sallee -Continued)
Mr. Molsather said the recommendation is unreasonable. He noted the home to the east
extends closer to the lake. His property is on a gradual point of land along the lakeshore
and the average lakeshore setback is deceiving. He feels the main issues for the proposed
deck are safety, practicality, and enjoyment. He noted the current difficulty in moving
past an open window or doorway. In order to clean his gutters, it requires using the deck
or climbing on the roof, which is no longer feasible for he and his wife. Molsather said
due to trees on the wooded property, it necessitates cleaning the gutters every other week
during the summer months. He feels having enough room to have chairs on the deck is a
reasonable request.
l\1olsather, who is an engineer and hydrologist, says the deck will have openings through
which water would run. The drainage patterns would not change. He indicated rock over
plastic is placed 7-8' out from the house. Molsather said he and his neighbors currently
maintain the nearby City cul-de-sac. He also changed a hard surface area used for parking
into green space on his front yard. There is plastic underneath the rock on his property,
and he would be willing to change it to sod. The amount of rock with plastic is about 3 82
s.f. The deck would be 316 s.f. Molsather said he would make changes to the flagstone
,,. alkway if necessary as well.
Bressler indicated that Staff was not aware of the plastic under the rock, and the plastic
was not included in the hardcover calculations. Lindquist said the plastic would have to
be removed.
Berg inquired about the average lakeshore setback. Molsather presented letters from his
neighbors supporting his request.
Lindquist noted that the current code would not allow this house to be built today.
McMillan suggested reconfiguring the deck to allow the deck to extend further out in one
area by eliminating a portion of its length elsewhere. Molsather questioned how he would
then maintain cleaning of the gutters.
Stoddard felt the request for variances was similar to other approvals made, and with the
neighbors support of the proposal, Stoddard said he would support the applicant's request.
He asked ifthere was other hardcover that could be removed besides the plastic.
Sallee said she would be willing to remove the gravel over plastic under the deck. She
was informed that it was a moot point as the gravel should not be there now.
21
MINUTES OF THE ORONO PLANNING CO11MISSION
MEETING HELD ON FEBRUARY 17, 1998
(#11 -#2335 Lawrence Molsather and Linda Sallee -Continued)
Lindquist informed the applicants that he did not believe additional hardcover in the 0-75'
would be approved noting removal of plastic was not an option and would be required to
be removed. He said from comments made, the Commission was willing to trade a
portion of the deck in one area for extension in another without adding to the structural
coverage. Bressler noted that any trade would add to hardcover because the deck would
extend beyond the overhang. McMillan said the attempt was to gain a functional deck.
Lindquist said he could not support a request for additional hardcover in the 0-75' setback.
Stoddard said he would approve the application as submitted.
Molsather questioned whether exceptions can be made as that is the purpose of variances.
McMillan informed him that since a deck existed, he would be allowed to reconstruct the
deck using the existing amount of decking. Stoddard noted that the code requirements
not allowing structure in the 0-75' setback did not exist at the time the house was
constructed. He felt the deck is very narrow and not functional as it exists. He felt the
applicant had the right to replace the deck and reconfigure it.
Stoddard moved to approve Application #2335 to add a deck subject to variances
including average lakeshore setback, 0-75' hardcover, structural coverage, and lakeshore
setback, with limiting the additional deck to 221 s.f. The applicant would be required to
remove all plastic under rock in the two areas under the house and by the lakeshore. This
motion would allow a deck 8' wide along the length of the house.
The motion failed for lack of a second.
Molsather said he would have agreed to Stoddard's motion. Sallee said the proposed deck
would not change the look of the house but only add to its usefulness. McMillan informed
them that she did not second the motion as she would have needed to see the deck design.
Lindquist said the applicant may be able to take the same amount of deck as exists and
reconfigure it. He felt no additional amount of deck would be approved. He asked if the
applicant would like to table the application for further review or move the application
forward to Council.
McMillan said she would agree to allowing some additional square footage to gain a
functional deck for the applicants.
Smith questioned how much of an increase would be supported. The proposal is for 3%
increase. Lindquist said he would not favor that increase.
Berg was informed that the purpose of the deck is to enjoy the lake and enable the
applicants to clean the gutters.
22
MINUTES OF THE ORONO PLANNING CO:M:MISSION
MEETING HELD ON FEBRUARY 17, 1998
(#11 -#2335 Lawrence Molsather and Linda Sallee -Continued)
Stoddard noted that ~s motion decreased the percentage of structural coverage increase
by one-half
Lindquist said he would like to see another drawing. He said the Commissioners felt a 1
or 2% increase in hardcover would be approved with removal of plastic under rock and
decreasing the length of the deck. Lindquist noted he was in the minority, not supportive
of any additional hardcover.
Lindquist moved, Smith seconded, to table Application #2335 to allow the applicants to
redraw the deck design reducing the amount of additional hardcover to under 3% to gain a
more functional deck. Vote: Ayes 5, Nays 0.
(#12) #2336 BRUCE NEWTON, 3580 FREDERICK STREET-AFTER-THE-
FACT VARIANCE-10:41-10:46 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Bressler distributed pictures of the property. The application is a request for after-the-fact
rear setback variance to replace a deck. The residence faces the side street. The deck
would not adversely affect hardcover amounts and would not encroach the rear yard
beyond what is existing. Bressler indicated that the City only has a prescriptive easement
over the southwest comer of the lot. The City would like to have a permanent easement
for the paved area and 5' from the curb. Staff recommended approval of the variance
subject to this condition.
Mr. Newton said the deck existed for 23 years. He replaced the deck as it stood as it had
become rotten.
There were no public comments.
McMillan moved, Smith seconded, to approve Application #2336 for rear setback
variance with the condition that a permanent easement be obtained as noted in the Staff
recommendation. Vote: Ayes 5, Nays 0.
The application will be heard at the March 9 Council meeting.
23
MINUTES OF THE ORONO PLANNING COMMISSION
:tvffiETil'-l'G HELD ON FEBRUARY 17, 1998
(#13) #2337 SCOTT YOUNG, 3359 CRYSTAL BAY ROAD-VARIANCES-10:47-
10:51 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Bressler reported that the application is a request for a second story addition over a
portion of the residence, which encroaches on the side and lakeshore setbacks. The
addition will meet the height requirement. The elevation drawings were shown. The
improvements would not further any encroachment. Staff recommended approval of the
application.
The applicant had no additional comments.
There were no public comments.
Smith noted that the homes on the street were approaching a massiveness beyond what is
satisfactory.
Lindquist moved, Berg seconded, to approve Application #2337 per Staff
recommendation. Vote: Ayes 5, Nays 0.
The application will be heard at the February 23 Council meeting.
(#14) #2342 MARK CASEY, 255 LANDMARK DRIVE -CONDITIONAL USE
PERMIT-10:51-10:54 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant was present.
Gaffron reported that the application is a request for land alteration requiring a conditional
use permit and variance for excavating 2.2 cubic yards at the shoreline to create a beach
area. The location of the beach was shown. The applicant is also riprapping other areas
along the beach. The beach would be 24' wide and extend 7.5' shoreward of the 929.4
contour. There were no issues involved or impact on engineering or views. Gaffron
noted that the Council has suggested the code be amended to allow such proposals to be
considered at the Staff level.
Smith moved, Berg seconded, to approve Application #2342.
24
J\1INUTES OF THE ORONO PLANNING COMMISSION
J\1EETING HELD ON MARCH 16, 1998
(#5) #2350 Kevin and Lisa Olsen/Jim and June Touve -Continued)
Touve asked if the Commission could mandate Staff to work with them. He indicated it is
difficult to work with the other agencies prior to City approval. Berg informed Touve that
the process called for the other agencies review before City action can be taken. Smith
said the City would help him work through the process. Gaffron said an application
would be required for building on lots 58-61 and advised that this be a separate
application. Stoddard reiterated that the DNR protected wetlands required approval from
the entities noted prior to review by City . He suggested this be done now or an easement
would be required and the lot could not be sold .
Stoddard moved to table Application #2350. Olsen asked that the Commission act on the
application at this time .
Stoddard moved, Berg seconded, to recommend denial of Application #2350. Vote:
Ayes 4, Nays 0.
CONTINUATION OF PUBLIC HEARINGS
(#3) #2335 LA WREN CE lVIOLSATHER AND LINDA SALLEE, 3285 CARMEN
ROAD -VARIANCES -8:49-8:56 P.lVI.
The Applicants were present.
Bressler distributed photographs of the property. The applicant proposes to rebuild and
expand an upper level deck located on the lakeside of the property requiring variances for
structural coverage, hardcover within the 0-75' lakeshore setback, average lakeshore
setback, and lakeshore setback. The Planning Commission was previously concerned with
the hardcover in the 0-75' setback and asked to submit revised plans limiting the increase
to 1-2%, which would still enable tlie applicant to have a more functional deck. A new
plan was submitted. The original plan showed the deck extending 6'7" beyond the
overhang. The extension is the same in the new plan but in a smaller area. The remainder
extends 2-1/2' beyond the overhang . Gravel was reported to be located under the deck
and by the lakeshore, which Staff had been previously unaware of and hardcover
· calculations were redone to reflect this . ·
Bressler reviewed the issues 1-6 as noted in the memo and reviewed the recommendation
for approval.
Molsather and Sallee were in agreement with StafPs recommendation.
Mabusth asked if the hardcover calculations included the stairway and 25 s.f of pavers.
Bressler said the calculations include all hardcover after removal of plastic.
13
:rvIINUTES OF THE ORONO PLANNING CO:NIMISSION
NIEETING HELD ON MARCH 16, 1998
(#3) #2335 Lawrence Molsather and Linda Sallee -Continued)
There were no public comments.
Stoddard moved, Berg seconded, to recommend approval per Staff recommendation.
Vote: Ayes 4, Nays 0.
(#4) #2292 TOM OKERSTROM, 770 TONKA WA ROAD -VARIANCES -8:56-
9:40 P.M.
The Applicant was present.
Bressler distributed pictures of the property. The application had previously been tabled
due to problems with the survey, which did not accurately reflect the hardcover. The
proposal is for a detached garage with dormers requiring variances for hardcover in the
75-250' lakeshore setback, structural coverage, and street setback. Bressler indicated that
staff feels the garage location at 8' from the right -Of way is problematic.
The residence was built in 1996 without a garage. The residence consumed the allowed
hardcover and structural coverage. A driveway is still needed. The lot area and width do
not meet zoning requirements. The structural coverage is proposed at 19%.
Bressler reported that the drainage pattern was altered when the residence was built. The
drainage problem has not been corrected which was a condition of the temporary
certificate of occupancy. Final certificate of occupancy was not obtained.
Bressler indicated that the 35' street setback c-0uld be met but would further increase the
amount of hardcover. The shed will be removed as part of the application but was to have
been removed when the house was built.
Bressler recommended approval per the amendments and conditions noted in the memo.
Okerstrom informed the Commission that he had been unaware of the hardcover issue
when he built the house. He feels this should be disclosed to the public. He would have
made changes to his plans at that time if he had known. Okerstrom indicated that the
building pad is the same as the previous residence on the property.
Bressler said Building Inspector, Bruce Vang, had discussed these issues with the builder
when the residence was built. Okerstrom said the information was not passed on to him.
He said he only heard of the shed removal and drainage issue recently. Bressler said the
drainage correction was part of the condition of the temporary certificate of occupancy
but was not done.
14
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I
CERTIFICATE OF MAILING
STATE OF l\1INNESOTA )
)
COUNTY OF HENNEPIN ) ss .
)
CITY OF ORONO )
I, Jamie Gemar,ofthe City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of#2335, was mailed to the attached
list of property owners .
In Witness Whereof, I have hereunto set my hand and seal this 4th day of February,
1998 .
City of Orono
2750 Kelley Parkway
P.O. Box 66
Orono, MN 55323
Phone (612) 473-7357 Fax: (612)
473-0510
NOTICE
The Planning Commission will hold
public hearings in the Council Chambers at
2780 Kelley Par _kway, on _Tuesday, February
17, 1998, beginning at 6 :30 _P .m. on the
matter of reviewing_ the following land use
applications:
1. #2312 Claus Weiler & Renee
Meerkins 1135 North Arm Drive.
Variances' for bluff setback and locating an
accessory structure i n front of the principal
structure . A conditional use permit is required
for locating an accessory structure on a
through lot. {Staff : Brad Bressler).
• 2. #2320 Mit chell and Asta Gershovitz,
3650 Casco Avenue.. Variances for
average !akeshore setback to add a bay
window over an ex isting deck and a dormer
over an existing garage . {Staff : Brad
Bressler).
3 . #2325 Lake Country Bu ilders on
behalf of John and Cindy Olson , .950 North
Arm Drive . Variance for blu ff setback. {Staff :
Liz Van Zomeren).
4. #2338 Grant Wenkstern, owner of
Lakeview Golf Course, 405 North Arm
Drive . A conditional use permit and · a
variance for land alterations including
expansion of tees and excavation of ponds
within the golf course. A portion of the
proposed land alteration is withi _n 26 feet of a
City protected wetland. {Staff: Mike Gaffron).
5 . #2317 Khasrow Daivari, 1082
Loma Linda Avenue. After-the-fact
variances for average lakeshore setback and
structural coverage to retain screened
enclosure over a deck . (S taff: Brad Bressler).
6. #2334 Lecy Construction for Jeff
Jacobsen, 127 . Chevy Chase Drive . A lot
area variance to construct a new residence
on a vacant lot where a previous residence
has been removed . (Staff : Brad Bress ler).
7 . #2335 Lawrence Molsather and
Linda Sa lle e , 3285 Carmen Road .
Variances for average lakeshore setback,
lakeshore setback, and hardcover to replace
and increase the size of a deck. {Staff: Brad
Bressler).
8. #2336 Bruce Newton, 3580
Frederick Str'eet . An after-the-fact rear
yard variance to allow for the deck
rep lacement to be retained. {Staff: Brad
Bressler).
9 . #2337 Scott Young, 3359 Crystal
Bay Road . Variances for a rear, side, and
lakeshore setback to allow for a second floor
addition to an ex isting structure . (Staff: Brad
Bressler).
10. · #2342 Mark L. Casey, 255
Landmark Drive . A conditional use perm it
for land alteration and a variance for
excavation of approxi mately 2 .2 cub ic yards
of material at the shorel in e of Stubbs Bay to
create a beach area within the existing
shared lake access lot. {Staff : Mike Gaffron).
A.II persons interested in these matters
are encouraged to attend the meeting .
Written comments are solicited and should be
mailed to City offices no later than February
9, 1998. Plans are available for review by
. appo intment . For an appointment call 473-
7357 and ask for the appropriate staff person .
City .of Orono
By: Planning Commiss ion
Elizabeth A. Van Zomeren
City Planner/Zoning Administrator
{Published i n The Laker and Pionee r
Feb. 7, 1998)
~8-199B
, ,,... ,....,,...
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.)Theprinted J.and Use Applications
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for _.....,.__ successive weeks:
It was first published Saturday
the 7 dayof February 19.2.lL,
and was thereafter printed and published every
Saturday, to and including Saturday,
the ___ day of __ ~~--~-~~ :9 ~
'~horized Agent
Subscribed and sworn to me on this
,.
City of Orono
2750 Kelley Parkway
P.O. Box 66
Orono, MN 55323
Phone: (612) 473-7357 Fax: (612) 473-0510
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway, on Tuesday, February 17, 1998, beginning at 6:30 p .m. on the matter of reviewing
the following land use applications:
1. #2312
2 . #2320
3. #2325
4. #2338
5. #2317
6. #2334
7. #2335
Claus Weiler & Renee Meerkins, 1135 North Arm Drive. Variances for
bluff setback, and locating an accessory structure in front of the principal
structure. A conditional use permit is required for locating an accessory
structure on a through lot. (Staff: Brad Bressler).
Mitchell and Asta Gershovitz, 3650 Casco Avenue. Variances for
average lakeshore setback to add a bay window over an existing deck and
a dormer over an existing garage . (Staff: Brad Bressler).
Lake Country Builders on behalf of John & Cindy Olson, 950 North Arm
Drive. Variance for bluff setback. (Staff: Liz Van Zomeren).
Grant Wenkstem, owner of Lakeview Golf Course, 405 North Arm
Drive. A conditional use permit and a variance for land alterations
including expansion of tees and excavation of ponds within the golf
course. A portion of the proposed land alteration is within 26 feet of a
City protected wetland.
Khasrow Daivari , 1082 Loma Linda Avenue. After-the-fact variances
for average lakeshore setback and structural coverage to retain screened
enclosure over a deck. (Staff: Brad Bressler).
Lecy Construction for Jeff Jacobsen, 127 Chevy Chase Drive. A lot area
variance to construct a new residence on a vacant lot where a previous
residence has been removed. (Staff: Brad Bressler).
Lawrence Molsather and Linda Sallee, 3285 Carmen Road. Variances
8. #2336
9. #2337
10. #2342
for average lakeshore setback, lakeshore setback, and hardcover to replace
and increase the size of a deck. (Staff: Brad Bressler).
Bruce Newton, 3580 Frederick Street. An after-the-fact rear yard
variance to allow for the deck replacement to be retained. (Staff: Brad
Bressler).
Scott Young, 3359 Crystal Bay Road. Variances for a rear, side, and
lakeshore setback to allow for a second floor addition to an existing
structure. (Staff: Brad Bressler.)
Mark L. Casey, 255 Landmark Drive. A conditional use permit for
land alteration and a variance for excavation of approximately 2.2 cubic
yards of material at the shoreline of Stubbs Bay to create a beach area
within the existing share lake access lot.
All persons interested in these matters are encouraged to attend the meeting. Written comments are
solicited and should be mailed to City offices no later than February 9, 1998. Plans are available for
review by appointment. For an appointment call 473-7357 and ask for the appropriate staff person.
City of Orono
By: Planning Commission
Elizabeth A. Van Zomeren
City Planner/Zoning Administrator
To be published the week of February 7, 1998
Posted at:
Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
PC Agenda--DRAFT
February 17, 1998
page--2
CITY OF ORONO -VARIANCE APPLICATION
Application # ;) 3 3 t(
Date Received j...:..;l.c, -qg
Amount Paid ,970 . o ti
Initial Application Fee $220.00
($50 ~00 per each additional ·variance) ·-· -·
Renewal Variance Fee $120.00
-(no change from original application)
Variance for nori-conforming structures $220.00
After-the-Fact Fees (Double application fee)
35g
. . 0
PROPERTY INFORMATION
SiteAddress 3285 Carman Bead, ,Ex celsior·, Mt~ 55331
Property Identification Number (P .I.D.)_·.....,2=0'---=-1 ""'17'-~-=2=3___.1=4_· .... 0 .... 0 .... 1..,,3 ________ _
Attach legal description to application if not includ~d on required survey.
Date Property Acquired March 31, 1994 · (month/year)
I (do) (do -not) also own the adjacent parcels of land.
Present use ofproperty: __x_residential _-_·other (specify)_-___________ _
ZoningDistrict: LR -lB · ·
APPLICANT Phone (home) (612) 471.:1039
Name Lawrence R. Molsather and Linda p SaJle~hone(work) (612) 832-2780
Address: 3285 Carman Road City: Excelsior, MN 55331Zip: ___ _
OWNER (if different than applicant)
Name Same
Phone (home)_·. ______ _
Phone (work). ______ -,--_
Address: ·------------City: ________ Zip:. ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $. ______ _
~-
~
CL
,:.:i ,:r, .......
0 ·u
Describe request in detail: Replace and Ex tend Ex isting Deck on Lake Side of Honse
(attach additional sheets if necessary).
VARIANCES REQUIRED
. Lot Area
Setback:. Front
Lot Width
Side
_x_ Hardcover
Rear
Lot Coverage --..
-_ L . Average Lakeshore
__ Other (specify) ______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS ·.
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: · See · Attachment 1
(attach· additional sheets If necessary)
7 .
·,j
REQUIRED SUBMITTALS
lication deadline date 1n
Iication to e considered com
I. _x_ Completed Application· Form . . .
2. x Certified Property Owners List of owners ·within 150', labels and plat map (you
must obtain this list, labels and map from Hennepin County Department of
Finance, A-603, Govt Center, 348-3271).
3. x Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" x 11" for
--reproduction.
4. x Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction.
5. _JL Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
6. _JL List of the legal names (include marital status) of all persons with an interest in
Atta8cb~enq the property. This would include name(s) of applicant(s) if not current owner(s).
7. As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
8. Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied is true and correct to the best of his/her knowledge.
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this request.
Owner's Signature ~4'~--t f:__£),h-e_~,_:cL Date _-'-'/ l_t ....... 0._'l_?._.8....__ __ . . 'f1½--~,v ,!) k£zJ(_~ i1/ttJYCj~·
Applicant must have·. all submittals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. · Applicants · must be present at all scheduled review meetings of the Planning
-Commission and Council. If an applicant is unable to attend a scheduled meeting, please
· make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prio:r t? the meeting.
8
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
PROP ADDR
OWNER NAME
TAXPAYER
NAME /ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME /ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME /ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME /ADDR
38 20 117 23 14 0010
3245 CARMAN RD
CA STEIGER & W N KUENDIG
CA STEIGER & W N KUENDIG
3245 CARMAN RD
05 /30 EXCELSIOR MN 55331
10 /27
38 20 117 23 14 0013
3285 CARMAN RD
LR MOLSATHER & L D SALLEE
LR MOLSATHER & L D SALLEE
3285 CARMAN RD
EXCELSIOR MN 55331
38 20 117 23 14 0016
38 ADDRESS UNASSIGNED
VILLAGE OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
CONDMN #
CONDMN #
CONDMN #
38 20 117 23 14 0011
3265 CARMAN RD
B D & KA MILBRATH
BENJAMIN & KAREN MILBRATH
3265 CARMAN RD
EXCELSIOR MN 55331
38 20 117 23 14 0014
3295 CARMAN RD
T PLOWE & RA LOWE
THOMAS PLOWE
3295 CARMAN RD
EXCELSIOR MN 55331
38 20 117 23 14 0025
2655 KELLY AVE
J W EUGSTER & CM EUGSTER
JACK EUGSTER /CAROL M EUGSTER
2655 KELLY AVE
EXCELSIOR MN 55331
CONDMN #
CONDMN #
CONDMN #
38 20 117 23 14 0012
3275 CARMAN RD
MICHAEL HALLADAY ET AL
SORAMAE G HALLADAY
3275 CARMAN ROAD
EXCELSIOR MN 55331
38 20 117 23 14 0015
3300 CARMAN RD
JOANE NIELSEN
JOANE NIELSEN
3300 CARMAN RD
EXCELSIOR MN 55331
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF
DATE / -20-98 ___ :..___:::_ BY ~~=-
CONDMN #
CONDMN #
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Adjacent Property Owners' Acknowledgement Form
I (wel/},.t/fks .k~ier · of,1,G.~t,&'ve. · £{..eq{, i'o r
. [pnnt name( s ).] . . · [pnnt ad ess] . ·
have ·reviewed the plans for the proposed improvement or proposed use of the· property located
· at :3$5: e.A:1<,A14:N (Jt,-also referred to as Land Use Application No. .-
I (we) understand that in executing this acknowledgement, I (we) am (are) ·not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are} aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval. · ·
D~I
*~********~*****~***~****i*~************************~**~****~*********~*******
Adjacent Property Owners' Acknowledgement Form
I (we) f'/e.ve"-~ ...\cltl-/tlt~e. /Je,,
[print name( s)]
of J> :?O O Lctrh--&i·~ f<? o(
[print address] .
have. reviewed the plans for the proposed improvement or proposed use of the· property located
· at ,;>u.r Cqr-......_ .. ,A &,'{ also referred to as Land Use Application No. .-
I (we) understand that in executing this acknowledgement, I (we) am (are) ·not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval. ·
I--I 1-1 Y
Date
Date
1 (we) 1Pm -4--""]3eJ::e:ccC( La,o-e ... ·
[p~t nam~(s)_]
· of 3;fl5 C-C<rvY\.CVY1 fu.
[print address] .
. • . ' . . I . . • • • • •.
. ·hav:e reviewed the plans f9{ the proposed improvement or propo~ed _use of the property located
at~ CAf<NA--V tzu also referred to as Land Use Appli~ation ;No. .
I (we) understand that in executing this acknowledgement, I (we) am (are) ·not asked to
declare approval or disapproval of the property or . use but merely to confirm for the City
Council that I (we) am (are)-aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval. · · ·
Date/
I-I~ -9 ~
i
Date
. . . . ·. . ·. l. .
******************************************************************************
' ; .:·::.::~,. ,• .,---:-=---:---.... r--______...-"'> Iii ;:i . 1 .•· \. ___ .• >
.;t~;;t½ . ~---· , .. ""' -~l . . : . . .
Adjacent iP:t;toperty•COsv.nersf.A¢knowledgemeiit .. Form
I (we) Joi 1112211 eJ /:/11L-i Ii oib; · of. 32 2.£ tlvt{.tP?fH,l · /G....D
. [p~t nam~(s)J . · . . [print address].
. • . ' . . I . . • • . . • • • • .
have reviewed the plans for the proposed improvement or proposed use of the property located
· at 3,;Q&5 CAR.MA-ll RO also referred to as Land Use Appli~ation No. · . ·
I (we) understand that in executing this acknowledgement, I (we) am (are) ·not asked to
declare approval or disapproval · of the property or . use but merely to confirm for -the City
Council that I (we) am (are)-aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval. · ·
Property Owner ~
... / /11_ /1/
·. Date I . T· _·
Property Owner Date
***********,********************************************.*********************** . '
I (we) Kale,~1/J )AtJbrnt/aof
[p ·' narne(s)]
3;;.f5 (Jrman -fur/
[print address] .
. . . .
have. reviewed the plans for the proposed improvement or proposed use of the· property located
· at3%5'C;ARMA-W Ri:) also referred to as Land Use Application No. _.
I (we) understand that in executing this acknowledgement, I (we) am (are) ·not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval. ·
Tu~~
Property Owner
Date '
\ [ l~ 19 8
Date
*******************************************************.******************'!<****
r~#-_
. <: : :J\; \'c;-;)\'i{:i;
Adjacent Property Owners' Acknowledgement For-fi't
·;> .... ~· -~:i,?}:_ .
r=::~ ~-.;;J. \~~~~, :1·~4:;1
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I (we) ~N\, N\ CCL$~ 1;:_,c"-/
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of ---'-";J.._1
..r-'1--'-"' r_.;.,,--"-3_f:....:.~8-=· ....... t=v-'-1' ---
[print address] . /
have ·reviewed the plans for the proposed ~provement or proposed use of the· property located
at~ e.Af.MA-lJ ed also referred to as Land Use Application No. .'
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval. · ·
Date
Property Owner Date
*******************************************************.*****************=le*****
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' . 500-1000'
EXISTING HARDCOVER IN ZONE ( See .Site Survey -October 10, 1997)
A. House
B. Garage
C. Driveway
D. Sidewalk
E. · Patio/Deck
F. Landscape
Underlain
By Plastic
G. Other
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Width
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN'ZONE
=
=
=
=
=
=
=
=
=
=
=
A 1519 S. F. B 11 2 185 S; F. X 100 =
PROPOSED HARDCOVER IN ZONE
A. House ______ x
Length
B. Garage
C. Driveway
D. Sidewalk
X
X
X
X
X
X
X
X
=
Width
=
=
=
=
=
=
=
=
E. Patio/Deck
Prop. Deck Extension 48 Ft.
X
X ____ 6~. =58"""-"Ft. =
F. Landscape
Underlain
By·Piastic
G. Other
X
X
X
X
TOTAL HARDCOVER.IN ZONE
. . .
TOTAL PROPERTY AREA IN ZONE
=
=
______ S.F.
S.F. ------S.F. --------'----'----S.F.
______ S.F.
S.F. ------
------S.F.
______ S.F.
______ S.F.
______ .S.F.
S.F. ------
______ S.F.
S.F. ------S.F. ------
S.F. ------
1519 S.F. ---,,....,,--.,,....,,.,.,..---
_1_1_,_1_85 ___ S.F.
13.6 % ------
S.F. ------
S.F. ------
------S.F. S.F. ------
S.F. ------
______ S.F.
S.F. ------
S.F. ------S.F. ------
S.F .. ------__ __,_3.._]7'--_ S.F.
______ S.F.
S.F. ------S.F. ------
S.F .. ------
f836 S.F. --~~~-· • --11 ·185 S.F.
A 1836 ·s.F.. B 11;185 S,Ji.100 · = ,; ___ .. ., ._._-_-_ ... _• ..... •i..,.6'"" ...... 4_%
13
A
B
A
B
·:CARMAN
. .. . ....
. S
/...._S . ---,~.-rv .... o
' ··.,: . ............ ~, . ...... ....... . 75' SE'T8AC1< LINE' -°7 _......_._
lJ..J
=~ r--. ti) (.) --(0 ,, I
. ,<::r \., I
'\
o ·
~
2 in I ·.r-.
._,...--·
·---~-.,
-;,. .. _ . . . --. , .. --..
·-·:~-
-• 't -·
--
LAKE
1.e.
--
.. -
-· .. _ .. -
.. ~-;
·.,:,_.._
IC/ 1--
. ~
·:·-.
__.'-·
-----:-
LEGAL DESCRIPTION:
Lot. 7, Blo<ikl_,.-°CARMEN COVE
Hennepin_.County_,. Minnesota
_ Area.above 929.4 feet contour line=
HARDCOVER PERCENTAGES:
H'ar-dcover·:
House.
Deck & Wt)()d .$'/o✓r.S .
Concrete·
SIMeRi/r:v;,,/;,,?J/,:J//.s _
-ZONE 1: 0 •~7S'
Area above 929.4 contour
19,290 sq . .ft.
:. __ ·--···-
968 sq~ ft.
z~ s9. : l"I:
.:.12 sq. ft.
2.53 sq: /'/.,'
-1,519 !Ji/· 72.
. .
= tl,_/85 ·sg~-ft~
= 1.36 ;· percent: hardcover /6.f·
Hardcover:.··
0 .• Driveway _ ,. 720 sq. ft.
_ ··sidewalks, plantei::s.,;,w,1Jt,~/~~ . -361 sq. ft.;
. House · · + _ l, 6 20 sq . ft ~ . ..
· Total '2,»t sq. ft~
.. --.· _ .. ---· . •.~;·-<·J. -:
_ZONE 2:· 75'...:..2QQt __
Lot .area above 929.4 contour = 8~105 sq. ft.
·33.3 ·percent hardcover
.. ~ _· '
·PREPARED-. -FOR·
\
I
CITY of ORONO
Municipal Offices ·
Street Address:
2750 Kelley Parkway
Orono, MN 55356
DATA PRIVACY ADVISORY
Majllng Address:
P.O. Box 66
Crystal Bay, MN 55323-0066 ·
.In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish ce'iain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested. · ·
2. You may refuse to supply data, but refusal may require that the City deny the permit
or license.
3. The information may · be shared with other local, state or federal agencies to the
extent necessary to process the permit or license.
4. If your requested permit or license requires Council action to approve, some
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private data
on yourself.
6. Your full name is required to process this application or permit.
First
Address
City ..
L / N t:,A r:),. 'S;.A L-L-E:d::.o-
T,awrence B, Mo]sather
Middle
3285 Carman Road
Excelsior, MN 55331
Last
State · Zip
6J2 -471-)039
Phone .
I understand my rights as stated aboye.
~u-~~~d /<~f)J0-~:eQ__ -~uJ(A 6 /~Ll-,~
Signature
Telephone (612) 473-7357 • FAX 473-0510
10
TRACKING SHEET
FILE NO. ·7 s"j ~
staff: a (7> J B r 6 £, t',,.p I
Applicant: ® !_pvJre</\u /l1ol(otU!_< awl.. l;vck · s~ilez
Address: 3z 15 (a.rWtaV\ R 0c,J Zip:
□ Meeting with Staff:
~ Date Application Completed: ![co; cik 60Day:
□ Incomp~ete Notice Sent:
1a Date Property Owners Notified: -z/o/~f
~ Date Legal Notice Published: -z/1/qr
~ PC Meeting(s): 2/17/1! Vote: s'--o tabCR
>/!i/19 Vote: lf:--{) Off~
Vote:
□ Notice of PC Action: ~a~r
~ City Council Meeting(s): 7/?Z/G?K Vote: t/-o C( /lj?l7N€-
7
Vote:
Vote:
~ Resolution J/21/w
J { a f //1.J./t._
X:\APPS\ WPWIN60\ WPDOCS\CAROLE\FORMS\TRKNG .SHT